| 1 | 1 | | By: Garcia S.B. No. 1502 |
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| 2 | 2 | | (In the Senate - Filed March 12, 2015; March 23, 2015, read |
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| 3 | 3 | | first time and referred to Committee on Transportation; |
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| 4 | 4 | | April 23, 2015, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 6, Nays 2; April 23, 2015, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1502 By: Ellis |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to county regulation of the removal and storage in certain |
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| 14 | 14 | | counties of unlawfully stopped motor vehicles. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 545.306, Transportation Code, is amended |
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| 17 | 17 | | to read as follows: |
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| 18 | 18 | | Sec. 545.306. REGULATION OF TOWING COMPANIES IN CERTAIN |
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| 19 | 19 | | COUNTIES. (a) The commissioners court of a county with a |
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| 20 | 20 | | population of 3.3 million or more shall by order [ordinance] |
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| 21 | 21 | | provide for the licensing of or the granting of a permit to a person |
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| 22 | 22 | | to remove or store a vehicle authorized by Section 545.305 to be |
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| 23 | 23 | | removed in an unincorporated area of the county. |
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| 24 | 24 | | (b) The commissioners court of a county with a population of |
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| 25 | 25 | | 3.3 million or more may by order provide for a person to remove or |
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| 26 | 26 | | store a vehicle that is authorized by Section 545.305 to be removed |
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| 27 | 27 | | and is located in the corporate boundaries of a municipality in the |
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| 28 | 28 | | county only if the county has entered into an interlocal agreement |
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| 29 | 29 | | with the municipality for that purpose. |
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| 30 | 30 | | (c) An order under Subsection (a) or (b) [The ordinance] |
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| 31 | 31 | | must include rules to ensure the protection of the public and the |
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| 32 | 32 | | safe and efficient operation of towing and storage services in the |
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| 33 | 33 | | county and may not regulate or restrict the use of lighting |
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| 34 | 34 | | equipment more than the extent allowed by state and federal law. |
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| 35 | 35 | | The sheriff shall determine the rules included in the order |
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| 36 | 36 | | [ordinance] with the review and consent of the commissioners court. |
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| 37 | 37 | | (d) For an order under Subsection (a), the [(b) The] |
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| 38 | 38 | | commissioners court shall set the fee for the license or permit in |
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| 39 | 39 | | an amount that reasonably offsets the costs of enforcing the order |
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| 40 | 40 | | [ordinance]. The commissioners court shall use each license or |
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| 41 | 41 | | permit fee to pay salaries and expenses of the sheriff's office for |
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| 42 | 42 | | conducting inspections to determine compliance with the order |
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| 43 | 43 | | [ordinance] and laws relating to dealers in scrap metal and |
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| 44 | 44 | | salvage. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2015. |
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| 46 | 46 | | * * * * * |
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